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STATE v. BIBER

No. 423A10.

712 S.E.2d 874 (2011)

STATE of North Carolina v. Benzion BIBER.

Supreme Court of North Carolina.

June 16, 2011.

Attorney(s) appearing for the Case

Roy Cooper , Attorney General, by Derrick C. Mertz , Assistant Attorney General, for the State-appellant.

Staples S. Hughes , Appellate Defender, by Barbara S. Blackman , Assistant Appellate Defender, for defendant-appellee.

PARKER, Chief Justice.

Defendant was indicted for felonious possession of cocaine, a Schedule II controlled substance under the North Carolina Controlled Substances Act. Prior to trial defendant filed a motion to suppress evidence, alleging that (i) Asheville Police officers violated his constitutional rights by searching the motel room in which he and others were present without consent and without a search warrant and...

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